Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 24873 

is an eligible producer and permitting 

such succession would serve the 

purposes of the program. If appropriate, 

the Agency may require the consent of 

the previous Eligible Advanced Biofuel 

Producer to such succession. 

Payments will be made only to an 

eligible Advanced Biofuel Producer 

with a valid Contract and for 

Biorefineries owned or controlled by 

said Producer. If payments are made to 

an Advanced Biofuel Producer for 

production at a Biorefinery no longer 

owned or controlled by said Producer or 

to an otherwise ineligible Advanced 

Biofuel Producer, the Agency will 

demand full refund of all such 

payments. 

C. Environmental Review 

All recipients under this Notice are 

subject to the requirements of subpart G 

of part 1940 of title 7 of the CFR. 

However, 7 CFR 1940.310(c)(1) excludes 

this activity. In accordance with 

§ 1940.310(c)(1), General Exclusions, if a 

program provides assistance that is not 

related to the development of a specific 

site, it is excluded from conducting an 

environmental review. RD’s compliance 

with the National Environmental Policy 

Act of 1969 (NEPA) is implemented in 

its regulations at 7 CFR 1940 subpart G. 

Applicants whose proposal involves 

additional facility construction should 

provide RD Form 1940–20 as part of this 

application. RD will then determine 

whether the approval falls under 

Section 1940.310(c)(1), which 

categorically excludes the action from 

NEPA compliance. 

VII. Agency Contacts 

Assistance. For assistance on this 

payment program, please contact a 

USDA Rural Development State 

Renewable Energy Coordinator, as 

provided in the Addresses section of 

this Notice. 

VIII. Non-Discrimination Statement 

USDA prohibits discrimination in all 

its programs and activities on the basis 

of race, color, national origin, age, 

disability, and where applicable, sex, 

marital status, familial status, parental 

status, religion, sexual orientation, 

genetic information, political beliefs, 

reprisal, or because all or part of an 

individual’s income is derived from any 

public assistance programs. (Not all 

prohibited bases apply to all programs.) 

Persons with disabilities who require 

alternative means for communication of 

program information (braille, large 

print, audiotape, etc.) should contact 

USDA’s TARGET Center at (202) 720– 

2600 (voice and TDD). To file a 

complaint of discrimination, write to 

USDA, Director, Office of Civil Rights, 

1400 Independence Avenue, SW., 

Washington, DC, 20250–9410, or call 

(800) 795–3272 (voice) or (202) 720– 

6382 (TDD). USDA is an equal 

opportunity provider and employer. 

Dated: April 27, 2010. 

Judith A. Canales, 

Administrator, Rural Development, Business 

and Cooperative Programs. 

[FR Doc. 2010–10247 Filed 5–5–10; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF AGRICULTURE 

Rural Business—Cooperative Service 

Notice of Funding Availability (NOFA) 

for Repowering Assistance Payments 

to Eligible Biorefineries 

AGENCY: Rural Business—Cooperative 

Service. 

ACTION: Notice. 

SUMMARY: This Notice announces the 

acceptance of applications for payments 

to eligible biorefineries to encourage the 

use of renewable biomass as a 

replacement fuel source for fossil fuels 

used to provide process heat or power 

in the operation of these eligible 

biorefineries. Under this Notice, 

applications will be accepted for 

biorefineries that produce transportation 

fuels that meet the Renewable Fuel 

Standard or are currently undergoing an 

appeal to the U.S. Environmental 

Protection Agency for inclusion in the 

Renewable Fuel Standard, or that 

produce non-transportation renewable 

energy that results in a reduction in 

greenhouse gases. 

DATES: Applications for participating in 

this program for Fiscal Year 2010 must 

be received between May 6, 2010 and 

July 20, 2010. 

ADDRESSES: Application materials may 

be obtained by contacting USDA, Rural 

Development—Energy Division, 

Program Branch, Attention: Repowering 

Assistance Program, 1400 Independence 

Avenue, SW., Stop 3225, Washington, 

DC 20250–3225. 

FOR FURTHER INFORMATION CONTACT: For 

further information on this payment 

program, please contact USDA, Rural 

Development—Energy Division, 

Program Branch, Attention: Repowering 

Assistance Program, 1400 Independence 

Avenue, SW., Stop 3225, Washington, 

DC 20250–3225. Telephone: 202–720– 

1400. 

SUPPLEMENTARY INFORMATION: On June 

12, 2009, the Agency published a Notice 

of Funds Availability (NOFA) and 

Solicitation of Applications in the 

Federal Register announcing general 

policy and application procedures for 

the Repowering Assistance Program (the 

Program). Congress appropriated 

mandatory budget authority of $35 

million over the life of the 2008 Farm 

Bill. However, in FY 2009, the program 

was allotted $20 million. The Agency 

will now authorize up to $8 million in 

additional budget authority for this 

program for fiscal year (FY) 2010. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act (PRA), the paperwork 

burden associated with this notice has 

been approved by the Office of 

Management and Budget (OMB) under 

OMB Control Number 0570–0058. 

The PRA burden associated with the 

original Notice was approved by OMB, 

with an opportunity to comment on the 

burden associated with the program. 

Biorefineries seeking funding under 

this program have to submit 

applications that include specified 

information, certifications, and 

agreements. All of the forms, 

information, certifications, and 

agreements required to apply for this 

program under this Notice have been 

authorized under OMB Control Number 

0570–0058. 

Overview Information 

Federal Agency Name. Rural 

Business—Cooperative Service. 

Payment Proposal Title. Repowering 

Assistance Program. 

Announcement Type. Initial 

announcement. 

OMB Control Number. 0570–0058. 

Catalog of Federal Domestic 

Assistance (CFDA) Number. The CFDA 

number for this Notice is 10.866. 

Dates. The Repowering Assistance 

Program application period for fiscal 

year 2010 is May 6, 2010 through July 

20, 2010. 

Availability of Notice. This Notice is 

available on the USDA Rural 

Development Web site at http:// 

www.rurdev.usda.gov/rbs. 

I. Funding Opportunity Description 

A. Purpose of the Program. The 

purpose of this program is to provide 

financial incentives to biorefineries in 

existence on June 18, 2008, the date of 

the enactment of the Food, 

Conservation, and Energy Act of 2008 

(the 2008 Farm Bill) (Pub. L. 110–246), 

to replace the use of fossil fuels used to 

produce heat or power at their facilities 

by installing new systems that use 

renewable biomass, or to produce new 

energy from renewable biomass. 

The Agency may make payments 

under this program to any biorefinery 

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that meets the requirements of this 

Notice for a period of up to three years. 

The Agency will determine the amount 

of payments to be made to a biorefinery 

based on the quantity of fossil fuel a 

renewable biomass system is replacing, 

the percentage reduction in fossil fuel 

used by the biorefinery, and the costeffectiveness of the renewable biomass 

system, economic benefit to the 

community, and the potential to 

improve the quality of life in rural 

America. 

The Agency will determine who 

receives payment under this program 

based on the percentage reduction in 

fossil fuel used by the biorefinery that 

will result from the installation of the 

renewable biomass system; the cost and 

cost-effectiveness of the renewable 

biomass system; and other selection 

criteria identified in Section V, 

Application Review Information. The 

above criteria will be used to determine 

priority for awards of $5 million or 50 

percent of total eligible project costs, 

whichever is less. Based on our research 

and survey of medium sized project 

costs, the Agency has determined that 

the dollar amount identified will 

provide adequate incentive for 

biorefineries to apply. 

B. Statutory Authority. This program 

is authorized under Title IX, Section 

9001, of the Food, Conservation, and 

Energy Act of 2008 (Pub. L. 110–246). 

C. Definition of Terms. The following 

definitions are applicable to this Notice. 

Application period. The time period 

announced by the Agency in this or 

subsequent Notices during which the 

Agency will accept applications. 

Base energy use. The amount of 

documented fossil fuel energy use over 

an extended operating period. 

(i) The extended operating period 

must be at least 24 months of recorded 

usage, and requires metered utility 

records for electric energy, natural gas 

consumption, fuel oil, coal shipments 

and propane use, as applicable for 

providing heat or power for the 

operation of the biorefinery. 

(ii) Utility billing, oil and coal 

shipments must be actual bills, with 

meter readings, applicable rates and 

tariffs, costs and usage. Billing must be 

complete, without gaps and arranged in 

chronological order. Drop shipments of 

coal or oil can be substituted for 

metered readings, provided the 

biorefinery documents the usage and its 

relationship to providing heat or power 

to the biorefinery. 

(iii) A biorefinery in existence on or 

before June 18, 2008 with less than 24 

months of actual operating data must 

provide at least 12 months of data 

supported by engineering and design 

calculations, and site plans, prepared by 

the construction engineering firm. 

Biobased products. Is a product 

determined by the Secretary to be a 

commercial or industrial product (other 

than food or feed) that is: (a) Composed, 

in whole or in significant part, of 

biological products, including 

renewable domestic agricultural 

materials and forestry materials; or (b) 

an intermediate ingredient or feedstock. 

Biofuel. Fuel derived from renewable 

biomass. 

Biorefinery. A facility (including 

equipment and processes) that converts 

renewable biomass into biofuels and 

biobased products, and may produce 

electricity. 

Eligible biorefinery. A producer, 

whose primary production is liquid 

transportation biofuels, that meets all 

requirements of this program. The 

biorefinery must have been in existence 

on or before June 18, 2008. 

Eligible renewable biomass. 

Renewable biomass as defined in this 

Notice. 

Energy Information Agency (EIA). The 

statistical agency of the Department of 

Energy and source of official energy 

statistics from the U.S. Government. 

Feasibility study. An Agencyacceptable analysis of the economic, 

environmental, technical, financial, and 

management capabilities of a proposed 

project or business in terms of its 

expected success. See Section III G(9) of 

this notice for a list of items included 

in a feasibility study. 

Feedstock unit. Bushel, 

hundredweight, pound, or other unit of 

measure, as applicable, for the 

renewable biomass feedstock used in 

liquid transportation biofuel 

production. 

Financial Interest. For the purposes of 

this notice means any ownership, 

creditor, or management interest in the 

biorefinery. 

Fiscal year. The 12-month period 

beginning each October 1 and ending 

September 30 of the following calendar 

year. 

Fossil fuel. Fuels derived from coal, 

oil and natural gas. 

Renewable biomass. 

(i) Materials, pre-commercial 

thinnings, or invasive species from 

National Forest System land and public 

lands (as defined in section 103 of the 

Federal Land Policy and Management 

Act of 1976 (43 U.S.C. 1702)) that: 

(A) Are byproducts of preventive 

treatments that are removed to reduce 

hazardous fuels; to reduce or contain 

disease or insect infestation; or to 

restore ecosystem health; and 

(B) Would not otherwise be used for 

higher value products; and 

(C) Are harvested in accordance with 

applicable law and land management 

plans and the requirements for old 

growth maintenance, restoration, and 

management direction as per paragraphs 

(e)(2), (e)(3), and (e)(4), and large tree 

retention as per paragraph (f), of section 

102 of the Healthy Forests Restoration 

Act of 2003 (16 U.S.C. 6512); or 

(ii) Any organic matter that is 

available on a renewable or recurring 

basis from non-Federal land or land 

belonging to an Indian or Indian tribe 

that is held in trust by the United States 

or subject to a restriction against 

alienation imposed by the United States, 

including: 

(A) Renewable plant material, 

including feed grains; other agricultural 

commodities; other plants and trees; 

and algae; and 

(B) Waste material, including crop 

residue; other vegetative waste material 

(including wood waste and wood 

residues); animal waste and byproducts 

(including fats, oils, greases, and 

manure); and food waste and yard 

waste. 

Rural or rural area. Any area of a 

State not in a city or town that has a 

population of more than 50,000 

inhabitants, according to the latest 

decennial census of the United States, 

and the contiguous and adjacent 

urbanized area, and any area that has 

been determined to be ‘‘rural in 

character’’ by the Under Secretary for 

Rural Development, or as otherwise 

identified in this definition. In 

determining which census blocks in an 

urbanized area are not in a rural area, 

the Agency will exclude any cluster of 

census blocks that would otherwise be 

considered not in a Rural Area only 

because the cluster is adjacent to not 

more than two census blocks that are 

otherwise considered not in a rural area 

under this definition. 

(i) For the purposes of this definition, 

cities and towns are incorporated 

population centers with definite 

boundaries, local self government, and 

legal powers set forth in a charter 

granted by the State. 

(ii) For the Commonwealth of Puerto 

Rico, the island is considered rural and 

eligible for Business Programs 

assistance, except for the San Juan 

Census Designated Place (CDP) and any 

other CDP with greater than 50,000 

inhabitants. CDPs with greater than 

50,000 inhabitants, other than the San 

Juan CDP, may be determined to be 

eligible if they are ‘‘not urban in 

character.’’ Any such requests must be 

forwarded to the National Office, 

Business and Industry Division, with 

supporting documentation as to why the 

area is ‘‘not urban in character’’ for 

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review, analysis, and decision by the 

Administrator, Business and 

Cooperative Programs. 

(iii) For the State of Hawaii, all areas 

within the State are considered rural 

and eligible for Business Programs 

assistance, except for the Honolulu CDP 

within the County of Honolulu. 

(iv) For the purpose of defining a rural 

area in the Republic of Palau, the 

Federated States of Micronesia, and the 

Republic of the Marshall Islands, the 

Agency shall determine what 

constitutes rural and rural area based on 

available population data. 

(v) The determination that an area is 

‘‘rural in character’’ under this definition 

will be to areas that are within: 

(A) An urbanized area that has two 

points on its boundary that are at least 

40 miles apart, which is not contiguous 

or adjacent to a city or town that has a 

population of greater than 150,000 

inhabitants or the urbanized area of 

such a city town; or 

(B) An urbanized area contiguous and 

adjacent to a city or town of greater than 

50,000 population that is within onequarter mile of a rural area. 

II. Funding Information 

A. Available Funds. The Agency will 

authorize $8 million in budget authority 

for this program for FY 2010. 

B. Number of Payments. The number 

of payments made will vary and be 

based on the number of applicants 

selected for award and availability of 

funds. 

C. Range of Amounts of Each 

Payment. The amount of each payment 

will depend on the number of eligible 

applicants selected for award in the 

program, the amount of fossil fuel 

replaced, the cost effectiveness of the 

system, and the percentage reduction in 

fossil fuel use. 

D. Payment Limitations. For the 

purposes of this program, the maximum 

payment an applicant may receive will 

be 50 percent of total eligible project 

costs or $5 million, whichever is less. 

Based on our research and survey of 

medium sized project costs, the Agency 

has determined that the dollar amount 

identified will provide adequate 

incentive for biorefineries to apply. 

E. Type of Instrument. Payment 

Agreement. 

III. Eligibility Information 

This Notice contains eligibility 

requirements for applicants seeking 

payments under this program. 

A. Applicant Eligibility. To be eligible 

for this program, the applicant must be 

an eligible biorefinery, defined in this 

Notice as a biorefinery in existence on 

or before June 18, 2008. Additionally, 

applicants must meet the citizenship 

requirement specified in paragraph (1) 

or (2), as applicable, of this section. 

(1) If the applicant is an individual, 

the applicant must be a citizen or 

national of the United States (U.S.), the 

Republic of Palau, the Federated States 

of Micronesia, the Republic of the 

Marshall Islands, or American Samoa, 

or must reside in the U.S. after legal 

admittance for permanent residence. 

(2) If the applicant is an entity other 

than an individual, the applicant must 

be at least 51 percent owned by persons 

who are either citizens or nationals of 

the United States (U.S.), the Republic of 

Palau, the Federated States of 

Micronesia, the Republic of the 

Marshall Islands, or American Samoa, 

or legally admitted permanent residents 

residing in the U.S. When an entity 

owns an interest in the applicant, its 

citizenship will be determined by the 

citizenship of the individuals who own 

an interest in the entity or any subentity based on their ownership interest. 

(3) The Agency will determine an 

applicant’s eligibility for participation 

in this program. 

B. Biorefinery Eligibility 

Requirements. To be eligible for 

program payments under this Notice, 

the biorefinery must: 

(1) Be located in a rural area and 

(2) produce either transportation fuels 

that meet the Renewable Fuel Standard 

or are currently undergoing an appeal to 

the U.S. Environmental Protection 

Agency for inclusion in the Renewable 

Fuel Standard, or non-transportation 

renewable energy that results in a 

reduction in greenhouse gases. 

In the case where an Agency receives 

an application that is undergoing an 

appeal before the U.S. Environmental 

Protection Agency for inclusion in the 

Renewable Fuel Standard, the Agency 

will be unable to finalize processing of 

the application until the appeal has 

been completed. 

C. Payment Eligibility. To be eligible 

for program payments, an applicant 

must submit a complete application for 

consideration of payment. Payments 

will be made based on ranking of 

applicants in relation to project cost, 

cost-effectiveness, the quantity of fossil 

fuels the renewable biomass system is 

replacing, the reduction of fossil fuel 

usage resulting from the installation of 

a renewable biomass system. 

D. Ranking of Applications. All 

scored applications will be ranked by 

the Agency as soon after the application 

deadline as possible. The Agency will 

consider the score an application has 

received compared to the scores of other 

applications in the priority list, with 

higher scoring applications receiving 

first consideration for payments. 

E. Selection of Applications for 

Payments. Using the ranking created 

under Section V, Application Review 

Information, the Agency will select 

applications for payments. The Agency 

will notify, in writing, all applicants 

whose applications have been selected 

for payments. Applicants whose 

applications have not been selected for 

payments will be notified in writing, 

with a brief explanation as to why. 

F. Availability of funds. If, after the 

majority of applications have been 

considered, insufficient funds remain to 

pay the next highest scoring application, 

the Agency may elect to pay a lower 

scoring application. Before this occurs, 

the Administrator, as applicable, will 

provide the applicant of the higher 

scoring application the opportunity to 

reduce the amount of its payment 

request to the amount of funds 

available. If the applicant agrees to 

lower its payment request, it must 

certify that the purposes of the project 

can be met, and the Administrator must 

determine the project is feasible at the 

lower amount. 

G. Application Package Contents. 

Applicants are required to provide 

relevant data to allow for technical 

analysis of their existing facilities to 

demonstrate replacement of fossil fuel 

by renewable biomass with reasonable 

costs and maximum efficiencies. 

Applicants in existence on or before 

June 18, 2008 with more than 24 months 

of actual operating data must provide 

data for the most recent 24-month 

period. Applicants in existence on or 

before June 18, 2008 with less than 24 

months of actual operating data must 

provide 12 months of data supported by 

engineering and design calculations, 

and site plans, prepared by the 

construction engineering firm. 

All applicants must submit the 

following information as part of their 

application package: 

(1) Contact Data. Contact information 

for the primary technical contact for the 

biorefinery. 

(2) Biorefinery Data. Basic 

information on facility operations over 

time (hours/day, days/year). 

(3) Electric Use Data. Information on 

existing electric service to the facility, 

data on consumption, peak and average 

demand, and monthly/seasonal use 

patterns. 

(4) Fuel Use Data. Information on 

natural gas and current fuel use for 

boilers and heaters, including fuel type, 

costs, and use patterns. 

(5) Thermal Loads. Information on 

existing thermal loads, including type 

(steam, hot water, direct heat), 

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conditions (temperature, pressure) and 

use patterns. 

(6) Existing Equipment. Information 

on existing heating and cooling 

equipment, including type, capacities, 

efficiencies and emissions. 

(7) Site-Specific Data. Information on 

other site-specific issues, such as 

expansion plans or neighborhood 

considerations that might impact the 

proposed new system design or 

operation; or environmental impacts. 

(8) Biofuel Production. Information on 

liquid biofuel production (gallons/year). 

(9) Each applicant must provide 

documentation from an Agencyapproved recognized published source 

quantifying the reduction in greenhouse 

gas emissions that results from the 

displacement of fossil fuels. 

(10) Feasibility Study. The applicant 

must submit a feasibility study by an 

independent qualified consultant, 

which has no financial interest in the 

biorefinery, and demonstrates that the 

renewable biomass system of the 

biorefinery is feasible, taking into 

account the economic, technical and 

environmental aspects of the system. 

The study must include the following: 

(i) Executive summary, including 

resume of the consultant. 

(A) Introduction/project overview 

(brief general overview of project 

location, size, etc.) 

(ii) Economic feasibility 

determination. 

(A) Information regarding project site. 

(B) Availability of trained or trainable 

labor. 

(C) Availability of infrastructure and 

rail and road service to the site. 

(iii) Technical feasibility 

determination. 

(A) Report must be based upon 

verifiable data and contain sufficient 

information and analysis so that a 

determination may be made on the 

technical feasibility of achieving the 

levels of energy production that are 

projected in the statements. 

(B) Report must also identify and 

estimate project operation and 

development costs and specify the level 

of accuracy of these estimates and the 

assumptions on which these estimates 

have been based. The project engineer 

or architect is considered an 

independent party provided neither any 

principal of the firm nor any individual 

of the firm who participates in the 

technical feasibility report has a 

financial interest in the project. 

(iv) Financial feasibility 

determination. 

(A) Reliability of the financial 

projections and assumptions on which 

the project is based including all 

sources of project capital, both private 

and public, such as Federal funds. 

(B) Projected balance sheets and costs 

associated with project operations. 

(C) Cash flow projections for the life 

of the project. 

(D) Adequacy of raw materials and 

supplies. 

(E) Sensitivity analysis, including 

feedstock and energy costs, product/coproduct prices. 

(F) Risks related to the project. 

(G) Continuity, maintenance and 

availability of other records and 

adequacy of management. 

(v) Management feasibility 

determination. 

(vi) Recommendations for 

implementation. 

(vii) Environmental aspects of the 

system. 

(viii) Feedstock: 

(A) Feedstock source management. 

(B) Estimates of feedstock volumes 

and costs. 

(C) Collection, pre-treatment, 

transportation, and storage. 

(D) Impacts on existing manufacturing 

plants or other facilities that use similar 

feedstock. 

(ix) Feasibility/plans of project to 

work with producer associations or 

cooperatives including estimated 

amount of annual feedstock. 

(x) Documentation that any and all 

woody biomass feedstock cannot be 

used as a higher value wood-based 

product. 

H. Eligible Project Costs. Eligible 

project costs will be only for 

construction costs for repowering 

improvements associated with the 

equipment, installation, engineering, 

design, site plans, associated 

professional fees, permits and financing 

fees. 

I. Ineligible Project Costs. Any project 

costs not directly associated with the 

repowering project and system incurred 

by the applicant prior to application for 

payment assistance under this program 

will be ineligible for payment 

assistance. A project is not eligible 

under this notice if it is using feedstocks 

for repowering that are feedgrains that 

received benefits under Title I of the 

Food, Conservation, and Energy Act of 

2008. 

IV. Application and Submission 

Information 

A. Address to Make Application. 

Application must be made to USDA, 

Rural Development-Energy Division, 

Program Branch, Attention: Repowering 

Assistance Program, 1400 Independence 

Avenue, SW., Stop 3225, Washington, 

DC 20250–3225. 

B. Content and Form of Submission. 

Applicants must submit a signed 

original and one copy of an application 

containing all the information required 

in this section. The applicant must also 

furnish the Agency the required 

documentation identified in the 

following forms to verify compliance 

with program provisions before 

acceptance into the program: 

• Form RD 9004–1, Part C; and 

• Form RD 9004–2, Part H; and 

• Form RD 9004–3, Part E. 

Note that applicants are required to 

have a Dun and Bradstreet Universal 

Numbering System (DUNS) number 

(unless the applicant is an individual). 

The DUNS number is a nine-digit 

identification number, which uniquely 

identifies business entities. A DUNS 

number can be obtained at no cost via 

a toll-free request line at 1–866–705– 

5711, or online at http:// 

fedgov.dnb.com/webform. In addition to 

the previously referenced feasibility 

study, applicants must submit to the 

Agency the following: 

(1) Form RD 9004–1, ‘‘Repowering 

Assistance Program Application.’’ 

Applicants must submit this form and 

all necessary attachments providing 

project information on the biorefinery; 

the facility at which the biorefinery 

operates, including location and 

products produced; and the types and 

quantities of renewable biomass 

feedstock being proposed to produce 

heat or power. This form requires the 

applicant to provide relevant data to 

allow for technical analysis of their 

existing facility to demonstrate 

replacement of fossil fuel by renewable 

biomass with reasonable costs and 

maximum efficiencies. Applicant must 

also submit evidence that the 

biorefinery was in existence on or before 

June 18, 2008. The applicant is required 

to certify the information provided. 

(2) Form RD 9004–2, ‘‘Repowering 

Assistance Program Agreement.’’ 

(3) RD Instruction 1940–Q, Exhibit A– 

1, ‘‘Restriction on Lobbying (if over 

$100,000).’’ 

(4) Form RD 400–1, ‘‘Equal 

Opportunity Agreement.’’ 

(5) Form RD 400–4, ‘‘Assurance 

Agreement.’’ 

(6) Form RD 1940–20, ‘‘Request for 

Environmental Information.’’ 

(7) Certifications. The applicant must 

furnish the Agency all required 

certifications before acceptance into the 

program, and furnish access to records 

required by the Agency to verify 

compliance with program provisions. 

Applicant must submit forms or other 

written documentation certifying to the 

following: 

(i) AD–1047, ‘‘Certification Regarding 

Debarment, Suspension, and Other 

Responsibility Matters—Primary 

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Covered Transactions’’ or other written 

documentation. 

(ii) AD–1048, ‘‘Certification Regarding 

Debarment, Suspension, Ineligibility 

and Voluntary Exclusion—Lower Tier 

Covered Transactions’’ or other written 

documentation. 

(8) SF–LLL, ‘‘Disclosure of Lobbying 

Activities’’. 

C. Submission Dates and Times. For 

FY 2010, the application period is May 

6, 2010 and July 20, 2010. 

D. Multiple Submissions. Only one 

application from corporations and 

entities with more than one biorefinery 

location will be eligible under this 

Notice. A project that serves multiple 

biorefineries located at the same 

location is an eligible project provided 

the heat and power are centrally 

produced. 

V. Application Review Information 

The Agency is evaluating projects 

based on the cost, cost-effectiveness, 

and capacity of projects to reduce fossil 

fuels. The cost of the project is taken 

into consideration in the context of each 

project’s ability to economically 

produce energy from renewable biomass 

to replace its dependence on fossil fuels. 

Projects with higher costs that are less 

efficient will not score well. The scoring 

criteria are designed to evaluate projects 

on simple payback as well as the 

percentage of fossil fuel reduction. 

Submission of an application neither 

reserves payments nor ensures 

payments. The Agency will evaluate 

each application and make a 

determination as to whether the 

applicant is eligible, whether the 

proposed project is eligible, and 

whether the proposed payment request 

complies with all applicable statutes 

and regulations. This evaluation will be 

based on the information provided by 

the applicant and on other sources of 

information, such as recognized 

industry experts from the Agricultural 

Research Service and the Forest Service. 

The Agency will score each application 

in order to prioritize each proposed 

project. The maximum number of points 

awardable to any applicant will be 100. 

The evaluation criteria that the Agency 

will use to score these projects are as 

follows. 

A. Cost. Payment will not exceed 50 

percent of the total eligible project costs 

associated with the project or $5 

million, whichever is less. Points will 

be awarded to applicants based on their 

ability to demonstrate the availability of 

sufficient other funding to complete the 

project. The applicant must provide 

evidence, satisfactory to the Agency, 

showing they have sufficient funds or 

commitment of funds to complete the 

project, including applicant financial 

statements or lender commitment 

letters. A maximum of 10 points will be 

awarded as follows: 

(1) Applicant demonstrates 

availability of all funding needed to 

complete the project, award 10 points. 

(2) Applicant does not demonstrate 

the availability of all the funding 

needed to complete the project, no 

points will be awarded. 

B. Cost-Effectiveness. Costeffectiveness will be scored based on the 

anticipated return on investment (ROI). 

Anticipated ROI will be demonstrated 

by calculating documented base energy 

use costs for the 24-month period prior 

to submission of the application or for 

at least 12 months of data supported by 

engineering and design calculations, 

and site plans, prepared by the 

construction engineering firm. 

(1) ROI is equal to the simple payback 

period. 

• ROI = C/S; where C = capital 

expenses; and S = savings in annual 

operating costs. 

• Example: Capital expenses, 

including handling equipment, biomass 

boiler, piping improvements and plant 

modifications, are equal to $5,300,500. 

The annual difference in fossil fuel cost 

versus the cost for renewable biomass is 

$990,500. Assume these costs and uses 

are based on a yearly operating cycle, 

which may include handling, storage 

and treatment costs. In this example, C 

= $5,300,500; S = $990,500; ROI = 5.35 

years (C/S = ROI). 

(2) A maximum of 30 points will be 

awarded as follows: 

(i) If the anticipated ROI is less than 

or equal to four years, up to award 30 

points. 

(ii) If the anticipated ROI is greater 

than four years but less than or equal to 

six years, award up to 10 points. 

(iii) If the anticipated ROI will be 

greater than six years, award 0 points. 

C. Percentage of Reduction of Fossil 

Fuel Use. The anticipated percent of 

reduction in the use of fossil fuels will 

be measured using the same evidence 

provided by the applicant for measuring 

cost-effectiveness. However, this set of 

criteria will measure actual fossil fuel 

use for the 24-month period prior to 

submission of the application or for at 

least 12 months of data supported by 

engineering and design calculations, 

and site plans, prepared by the 

construction engineering firm. 

Note: Fossil fuel use in terms of electric 

usage will be evaluated by using generating 

information provided by the Energy 

Information Agency (EIA). Not all electric 

generated power originates from fossil fuels, 

based on the definition in Section I of this 

notice. The Agency will determine the 

percentage reduction of fossil use based on 

and in cooperation with the applicant’s 

submission of electric power provider 

contracts, power agreements, and utility 

billings in relation to available information 

from the EIA. 

A maximum of 25 points will be 

awarded as follows: 

(1) Applicant demonstrates an 

anticipated reduction in fossil fuel use 

of 100 percent, award 25 points. 

(2) Applicant demonstrates an 

anticipated reduction in fossil fuel use 

of at least 80 percent but less than 100 

percent, award 20 points. 

(3) Applicant demonstrates an 

anticipated reduction in fossil fuel use 

of at least 60 percent but less than 80 

percent, award 15 points. 

(4) Applicant demonstrates an 

anticipated reduction in fossil fuel use 

of at least 40 percent but less than 60 

percent, award 10 points. 

(5) Applicant demonstrates an 

anticipated reduction in fossil fuel use 

of at least 30 percent but less than 40 

percent, award 5 points. 

(6) Applicant demonstrates an 

anticipated reduction in fossil fuel use 

of less than 30 percent, award 0 points. 

D. Renewable Biomass Factors. 

Applicants must demonstrate the 

availability of the project-specific 

renewable biomass for the project. If the 

biorefinery has a commitment or 

contract for biomass feedstocks, a 

maximum of 10 points will be awarded 

as follows: 

(1) Applicant demonstrates acceptable 

evidence of 100 percent biomass 

availability, award 10 points. 

(2) Applicant demonstrates acceptable 

evidence of 50 percent or greater 

biomass availability, award 5 points. 

(3) Applicant is unable to demonstrate 

acceptable evidence of biomass 

availability, award 0 points. 

E. Technical Review Factors. 

Technical reviews will be conducted by 

a team of experts, including rural energy 

coordinators and state engineers. The 

Agency may engage the services of other 

government agencies or other 

recognized industry experts in the 

applicable technology field, at its 

discretion, to evaluate and rate the 

application. Each section of the 

technical review will be scored within 

a range of possible points available 

within that section. A maximum of 25 

points will be awarded as follows: 

(1) Qualifications of the Applicant’s 

Project Team. The applicant must 

describe its qualifications in terms of 

those individuals who will be essential 

to successful performance of the 

proposed project. This will include 

information regarding professional 

credentials, relevant experience, and 

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education, and must be supported with 

documentation of service capabilities, 

professional credentials, licenses, 

certifications, and resumes, as 

applicable. Award 0–5 points. 

(2) Agreements and Permits. The 

applicant must describe the agreements 

and permits necessary for project 

implementation. An Agency-acceptable 

schedule for securing the required 

documents and permits must be 

provided. Award 0–3 points. 

(3) Design and Engineering. The 

applicant has described the design, 

engineering, and testing needed for the 

proposed project. This description 

supports that the system will be 

designed, engineered, and tested so as to 

meet its intended purpose, ensure 

public safety, and comply with all 

applicable laws, regulations, 

agreements, permits, codes, and 

standards. Award 0–5 points. 

(4) Project Development Schedule. 

The applicant has provided a detailed 

plan for project development including 

a proposed schedule of activities, a 

description of each significant task, its 

beginning and end, and its relationship 

to the time needed to initiate and carry 

the project through to successful 

completion. This description must 

address the applicant’s project 

development cash flow requirements. 

Award 0–3 points. 

(5) Equipment Procurement. The 

applicant must describe the equipment 

needed, and the availability of the 

equipment needed, to complete 

installation and activation of the new 

system. The description supports that 

the required equipment is available, and 

can be procured and delivered within 

the proposed project development 

schedule. Award 0–3 points. 

(6) Equipment Installation. The 

applicant has provided a satisfactory 

description of the plan for site 

development and system installation 

that reflects the soundness of the project 

plan. Award 0–3 points. 

(7) Operations and Maintenance. The 

applicant has described the operations 

and maintenance requirements of the 

system necessary for the system to 

operate as designed and provide the 

savings and efficiencies as described. 

The description and requirements noted 

must be supportable by the technical 

review. Award 0–3 points. 

VI. Program Payment Provisions 

Applicants must agree to the terms 

and conditions of the payment 

program’s provisions. This section of 

the Notice identifies the process and 

procedures the Agency will use to make 

payments to eligible biorefineries. 

A. Payment Applications. To request 

payments under this program during a 

fiscal year, an eligible biorefinery must: 

(1) Submit Form RD 9004–3, 

‘‘Repowering Assistance ProgramPayment Request.’’ 

(i) Upon completion of the project or 

project improvements, the first payment 

will be paid at the rate not to exceed 20 

percent of the project award. 

Subsequent semiannual payments will 

be paid based on actual measured 

renewable biomass energy production at 

a rate of 50 cents per million British 

thermal units (MMBTUs), up to the 

limit of the award. 

(ii) After processing an initial 

payment, additional payments may be 

processed semiannually with the 

submission of Form RD 9004–3. This 

form must be accompanied by 

measurement and verification records 

including metered data demonstrating 

displacement of fossil fuel use from the 

conversion to renewable biomass. 

Payment will be at the rate of 50 cents 

per MMBTU up to and until the project 

payment limit has been reached. 

(2) Certify that the request is accurate. 

(3) Furnish the Agency such 

certifications and access to records that 

verify compliance with program 

provisions. 

(4) Provide documentation, as 

requested by the Agency, regarding the 

production of usable energy at the 

biorefinery during the relevant payment 

period. Approved documentation for 

payment and verification of energy 

production from renewable biomass 

must include the following: 

(i) Metered data documenting the 

production of heat, gas and power must 

be obtained utilizing an Agency 

approved measurement device. 

(ii) Metered data must be verifiable 

and subject to independent calibration 

testing. 

(iii) Applicant must present payment 

request for energy production in units of 

MMBTU and request payment based on 

verifiable and documented data. 

(iv) Applicant must present receipts 

for drop shipments of and use of 

renewable biomass as applicable for the 

corresponding period in which they are 

requesting payments. Applicant must 

also present the current utility billing 

data from the same utilities used in the 

base energy use period for the 

corresponding payment request period. 

B. Additional Documentation. After 

semiannual payment applications are 

submitted, eligible biorefineries may be 

required to submit additional 

supporting clarification if their original 

submittal is not sufficient to verify 

eligibility for payment. 

C. Notification. The Agency will 

notify the biorefinery, in writing, 

whenever the Agency determines that a 

payment application is ineligible and 

why the application was determined 

ineligible. 

D. Payment Provisions. After the 

initial payment, payments to eligible 

applicants will be made based on energy 

produced as measured in output 

MMBTUs. 

E. Payment Amounts. An eligible 

biorefinery may receive a payment in an 

amount as determined according to the 

procedures specified in this section, 

subject to the availability of funds. The 

Agency will determine total available 

funds. 

F. Verification. The Agency reserves 

the right to verify all payment requests 

and subsequent payments made under 

this program, including field visits, as 

frequently as necessary to ensure the 

integrity of the program. Documentation 

provided will be used to verify, 

reconcile, and enforce the payment 

terms of the agreement along with any 

potential refunds that the recipient will 

be required to make should they fail to 

adequately document their request. The 

required documentation is given in RD 

form 9004–3, the Repowering Program 

Payment Request, which details and 

provides that the requester demonstrate 

a reduction in fossil fuel use by 

providing concurrent readings from 

their previously metered usage, along 

with the readings from the metered, 

measured, and verifiable production of 

renewable energy from renewable 

biomass. 

G. Payment adjustments. The Agency 

may make adjustments to payments 

otherwise payable to the biorefinery if it 

finds there is a difference between the 

quantity of fossil fuel actually replaced 

by renewable biomass and the quantity 

certified to in a payment application. 

H. Refunds and Interest Payments. An 

eligible biorefinery that has received a 

payment under this program may be 

required to refund such payment as 

specified in this paragraph. 

(1) An eligible biorefinery receiving 

payment under this program will 

become ineligible if the Agency 

determines the producer has: 

(i) Made any material fraudulent 

representation; or 

(ii) Misrepresented any material fact 

affecting a program determination. 

(2) All payments made to a 

biorefinery determined by the Agency to 

be ineligible must be refunded to the 

Agency with interest and other such 

sums as may become due, including, but 

not limited to, any interest, penalties, 

and administrative costs, as determined 

appropriate under 31 CFR 901.9. 

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Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Notices 24879 

(3) When a refund is due, it must be 

paid promptly. If a refund is not made 

promptly, the Agency may use all 

remedies available to it, including 

Treasury offset under the Debt 

Collection Improvement Act of 1996, 

financial judgment against the producer, 

and sharing information with the 

Department of Justice. 

(4) Late payment interest will be 

assessed on each refund in accordance 

with provisions and rates as determined 

by the Agency. 

(i) Interest charged by the Agency 

under this program will be at the rate 

established annually by the Secretary of 

the U.S. Treasury pursuant to 31 U.S.C. 

3717. Interest will accrue from the date 

payments were received by the 

biorefinery to the date of repayment, as 

determined in accordance with 

applicable regulations. 

(ii) The Agency may waive the accrual 

of interest and/or damages if the Agency 

determines that the cause of the 

erroneous determination was not due to 

any action of the biorefinery. 

(5) Any biorefinery or person 

receiving payment under this program 

will be jointly and severally liable for 

any refund or related charges due under 

this program. 

VII. Administration Information 

A. Notice of Eligibility. If an applicant 

is determined by the Agency to be 

eligible for participation, the Agency 

will notify the applicant, in writing, and 

will assign the applicant an agreement 

number. If an applicant is determined 

by the Agency to be ineligible, the 

Agency will notify the applicant, in 

writing, as to the reason(s) the applicant 

was rejected. Such applicants will have 

appeal rights as specified in this Notice. 

B. Conditions for Receipt of Payment. 

A signed copy of Form RD 9004–2, 

‘‘Repowering Assistance ProgramAgreement,’’ will be required for 

payment. 

C. Administrative and National Policy 

Requirements. In the event that all 

program funds are not expended in 2010 

and/or discretionary money becomes 

available, then the Agency will proceed 

with a rulemaking process. 

(1) Review or appeal rights. Any 

person or entity who has applied for 

payments or whose right to receive 

payments under this program who is 

adversely affected by a decision by the 

Agency may appeal such decision to the 

USDA National Appeals Division 

pursuant to 7 CFR Part 11. 

(2) Remedies. The remedies provided 

in this Notice will be in addition to 

other civil, criminal, or administrative 

remedies that may apply. 

(3) Records. For the purpose of 

verifying compliance with the 

requirements of this Notice, each 

biorefinery must make available and 

provide for the metering of all power 

and heat producing boilers, containment 

vessels, generators and any other 

equipment related to the production of 

heat or power required to displace fossil 

fuel loads with renewable biomass. 

These records must be held in one place 

and be available at all reasonable times 

for examination by the Agency. Such 

records include all books, papers, 

contracts, scale tickets, settlement 

sheets, invoices, written price 

quotations, and any other documents 

related to the program that are within 

the control of the biorefinery. These 

records must be held and made 

available for Agency examination for a 

period of not less than three years from 

each payment date. 

(4) Succession and control of facilities 

and production. Any party obtaining a 

biorefinery that is under this program 

must request permission to participate 

in this program as a successor. The 

Agency may grant such request if it is 

determined that, the party is eligible, 

and permitting such succession would 

serve the purposes of the program. If 

appropriate, the Agency may require the 

consent of the previous party to such 

succession. Also, the Agency may 

terminate payments and demand full 

refund of payments made if a party loses 

control of a biorefinery whose 

production of heat or power from 

renewable biomass is the basis of a 

program payment, or otherwise fails to 

retain the ability to assure that all 

program obligations and requirements 

will be met. 

D. Environmental Review. All 

recipients under this subpart are subject 

to the requirements of 7 CFR Part 1940, 

subpart G. 

E. Civil Rights Requirements. The 

Agency will comply with the civil rights 

law and compliance requirements in 

accordance with 7 CFR Part 1901–E. 

This program is subject to Executive 

Order 12898, Environmental Justice, 

and RD Instruction 2006–P. 

VIII. Agency Contacts 

Notice Contact. For further 

information about this Notice, please 

contact USDA, Rural DevelopmentEnergy Division, Program Branch, 

Attention: Frederick Petok, Stop 3225, 

Room 6870, 1400 Independence 

Avenue, SW., Washington, DC 20250– 

3225. Telephone: (202) 690–0784. 

Technical Assistance. For technical 

assistance on this payment program, 

please contact the USDA, Rural 

Development-Energy Division, 

Attention: Repowering Assistance 

Program, 1400 Independence Avenue, 

SW., Stop 3225, Washington, DC 20250– 

3225. Telephone: (202) 720–1400. 

IX. Non-Discrimination Statement 

USDA prohibits discrimination in all 

its programs and activities on the basis 

of race, color, national origin, age, 

disability and, where applicable, sex, 

marital status, familial status, parental 

status, religion, sexual orientation, 

genetic information, political beliefs, 

reprisal, or because all or part of an 

individual’s income is derived from any 

public assistance programs. (Not all 

prohibited bases apply to all programs.) 

Persons with disabilities who require 

alternative means for communication of 

program information (Braille, large 

print, audiotape, etc.) should contact 

USDA’s TARGET Center at (202) 720– 

2600 (voice and TTY). To file a 

complaint of discrimination, write to 

USDA, Director, Office of Civil Rights, 

Room 326–W, Whitten Building, 1400 

Independence Avenue, SW., 

Washington, DC, 20250–9410, or call 

(800) 795–3272 (voice) or (202) 720– 

5964 (voice and TDD). USDA is an equal 

opportunity provider and employer. 

Dated: April 27, 2010. 

Judith A. Canales, 

Administrator, Rural Development, Business 

and Cooperative Programs. 

[FR Doc. 2010–10244 Filed 5–5–10; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Notice of Southwest Idaho Resource 

Advisory Committee Meeting 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: Pursuant to the authorities in 

the Federal Advisory Committee Act 

(Pub. L. 92–463) and under the Secure 

Rural Schools and Community SelfDetermination Act of 2000, as amended, 

(Pub. L. 110–343), the Boise, Payette, 

and Sawtooth National Forests’ 

Southwest Idaho Resource Advisory 

Committee will conduct a business 

meeting. The meeting is open to the 

public. 

DATES: Thursday, May 20, 2010, 

beginning at 10:30 a.m. 

ADDRESSES: Idaho Counties Risk 

Management Program Building, 3100 

South Vista Avenue, Boise, Idaho. 

SUPPLEMENTARY INFORMATION: Agenda 

topics will include review and approval 

of project proposals, and is an open 

public forum. 

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